Tamil Nadu

StateCommission

RP/53/2022

Director of medical services - Complainant(s)

Versus

T.Kalarani - Opp.Party(s)

18 Oct 2022

ORDER

IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble Thiru Justice R.SUBBIAH  ... PRESIDENT

             Thiru.R VENKATESAPERUMAL        … MEMBER

 

Revision Petition No.53 of 2022

(Against the Order, dated 27.04.2022, passed in C.C. No.16/2022 on the file of the DCDRC, Kanchipuram @ Chengalpattu)

                                                    

                                                     Orders, dated:18.10.2022

M/s. Chettinad Super Specialty Hospital,

Represented by its Director of Medical Services

Dr. Prabhu Mayakesavan,

Rajiv Gandhi Salai,

Kelambakkam,

Thiruporur Taluk,

Kancheepuram District – 603 103.

                                    … Revision Petitioner / 1^st Opposite party.

 

- Versus -

1. T. Kalarani,

W/o. Mr. M. Thirunavukarasu,

Represented by her son & Power Agent

Mr. T. Elangovan,

S/o. Mr. M Thirunavukarasu,

Both residing at:

No.28/21, Ayyadurai Naidu Street,

Uthiramerur Town & Taluk,

Kancheepuram District – 603 406.

                                  … 1^st Revision Respondent /Complainant. 

 

2. M/s. United India Insurance Co. Ltd.,

Represented by its Authorized Signatory,

No.24, Whites Road,

Chennai – 600 014.    

 

3. M/s. MD India Health Insurance TPA Pvt. Ltd.,

Represented by its Authorized Signatory,

New Nos.443 & 445, Old Nos.304 & 305,

Guna Complex,

Anna Salai,

Teynampet,

Chennai – 600 018. … Respondents 2 & 3 /Opposite parties 2 & 3.     

 

For Revision Petitioner /

1^st Opposite party                  : M/s. P. Sampath  Kumar

 

For 1^st Respondent /

Complainant                         : M/s. V. M Venkataraman

 

     This Revision Petition is listed today and, after hearing the arguments of the counsel for both parties and upon perusing the materials on record, this Commission passes the following:-

 

O R D E R

R.Subbiah, J. – President.   (Open Court)

 

             This Revision Petition is filed against the Order, dated 27.04.2022, passed by the DCDRC, Kanchipuram District @ Chengalpattu, in C.C. No.16/2022, whereby, the District Commission has set the Revision Petitioner herein/1^st Opposite Party exparte for non-filing of written version and consequently, adjourned the Case to 14.06.2022 for filing proof affidavit by the complainant.

             2. Heard the submissions of the counsel appearing for both parties.

              The revision petition has been filed by the 1^st Opposite Party as against the order dt.27.04.2022 passed by the DCDRC, Kanchipuram @ Chengalpattu setting the revision petitioner/ 1^st Opposite Party herein exparte for non-filing of written version in C.C. No.16/2022.  But the complaint has not reached any finality till date.  When that being the position, we are of the opinion that keeping the Revision Petition filed by the 1^st opposite party pending will further delay the matter and further non-filing of written version by the 1^st opposite party within the stipulated time before the District Commission was neither willful nor wanton which was also evident from his petition.  Since the reasons assigned by the 1^st opposite party seems to be bonafide and also, in the interests of justice, we are inclined to allow this Revision Petition by setting aside the impugned order.

     3. In the result, the Revision Petition is allowed and the impugned order, dated 27.04.2022 passed in C.C. No.16/2022 by the DCDRC, Kanchipuram @ Chengalpattu, in setting the Revision Petitioner/1^st Opposite party exparte is set aside and the 1^st opposite party shall file their Version, Proof Affidavit and the documents/exhibits on their side, if any, in C.C. No.16/2022 on the next date of hearing without fail, whereupon, the District Commission shall proceed with the case in accordance with law, for its early disposal.

 

 

 

R VENKATESAPERUMAL                                      R.SUBBIAH, J.

           MEMBER                                                       PRESIDENT.